MANAGEMENT, HOTEL TAMIL NADU Vs. C. ATHIRSTABOOPATHY

JUDGEMENT

(1.) THESE writ petitions are filed by the management of Hotel Tamil Nadu, managed by the Tamil Nadu Tourism Development Corporation Limited (hereinafter referred to as TTDC), challenging the order of the Inspector of Labour dated 14.7.2011 passed under Section 3 of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status of Workmen) Act, 1981 ordering permanency of the 1st respondents/workmen in the posts as detailed in the table below: <FRM>JUDGEMENT_920_TLMAD0_2014.html</FRM>

(2.) THE first respondents in all the writ petitions were employed as Daily Wage Labourers by the Tamil Nadu Tourism Development Corporation (TTDC) and they were engaged in the Hotel Tamil Nadu, Hogenakkal for number of years. The TTDC is fully owned by the Government of Tamil Nadu and the first respondents/workmen having worked for more than 480 days in 24 calendar months, have claimed conferment of permanency of their posts under Section 3 of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status of Workmen) Act, 1981 (hereinafter referred to as the 'Act').

(3.) THE said order is challenged in these writ petitions by the petitioners/management contending that the respondents have not been engaged in sanctioned posts and they were employed without following the service regulations of TTDC and the Government has changed its policy to outsource Group 'D' category Daily Wage Labourers and the TTDC being owned by the Government, is bound by the directions issued. The petitioners also contend that the first respondents were not eligible to be made permanent as per the Service Regulations of the TTDC and on various grounds and therefore, the common order dated 14.7.2011 passed in the claim petition are liable to be set aside.